The seizure as a constraint to criminal assets: from the temporary unavailability of the good to the ablation

Abstract

The seizure of prevention as an instrument of aggression to the Mafia assets is often at the center of the debates of judicial policy and sociological analysis. However, in the field of seizures, the Italian legislation presents several cases of homonym that very often create confusion. Cases on which it is necessary to dispel doubts and perplexities. The text in question proposes a brief overview of the seizures envisaged by the national codification, distinguishing its nature, purpose and effects. We dwell with particular attention on the two types of seizure that lead to the confiscation of the assets of organized crime and their use for social purposes. The first, the seizure of prevention ex art. 20 C.A. (anti-mafia code), belongs to the instruments of prevention and has no sanctioning nature, the second, the seizure ex Art 12 sexies, L. No. 356 of 1992, belongs to the instruments of aggression of a penalistic nature and can be applied in coexistence with a Criminal proceedings.